Am I Eligible to File for Divorce in Arkansas? (2026)
Disclaimer: General legal information only. Not legal advice.
Residency Requirement — Two Stages
Arkansas has a uniquely two-stage residency structure:
| Stage | Requirement | When It Applies |
|---|---|---|
| File | Either party lived in Arkansas for 60 days | Date you file the Complaint |
| Decree | Either party lived in Arkansas for 3 months | Date the Decree is entered |
You need residency for both. If you file at day 60, the earliest the Decree can be entered is day 90 (3 months) — assuming the 30-day waiting period has also run.
Which county? File at the Circuit Court in the county where either spouse currently lives.
Grounds for Divorce
No-Fault Option 1 — General Indignities
The standard no-fault ground in Arkansas. Alleges that your spouse's conduct has rendered your condition intolerable. In an uncontested case, you simply state this in the Complaint — you don't need to prove specific misconduct.
No-Fault Option 2 — 18-Month Separation
If you and your spouse have lived separate and apart for 18 consecutive months without cohabitation, either party may use this as a ground. No need to allege general indignities.
Fault Grounds (Rarely Used in Uncontested Cases)
- Adultery
- Felony conviction
- Habitual drunkenness for 1 year
- Impotence at time of marriage
- Cruel and barbarous treatment
- Willful non-support for 12 months
- Incurable insanity (with 3+ years institutionalization)
What Cannot Be Divorced
- Common-law marriages (Arkansas recognizes valid common-law marriages from before November 1997 only)
- Same-sex couples validly married in another state: Arkansas courts have jurisdiction to dissolve these marriages
Eligibility Checklist
- Either party has lived in Arkansas for at least 60 days (to file) ✅
- Either party will have lived in Arkansas for 3 months before the Decree is entered ✅
- Ground identified: general indignities, 18-month separation, or fault ground ✅
- Circuit Court county identified (where either spouse lives) ✅
- Corroborating witness identified (unless waived by local court) ✅
Last reviewed: March 2026 | 60 days to file | 3 months for Decree | General indignities | 18-month separation alternative | Circuit Court | arcourts.gov
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.